—(1) If any person possesses or uses any vehicle, other than a bicycle or a trishaw, for which a licence under this Part is not in force or causes or permits it to be so used or, being the holder of a general licence or general licences issued under this Act, uses at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

[28/2001]

(2) If any person uses a bicycle which has not been registered or a trishaw which has not been licensed under this Part, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

(3) Proceedings for a penalty under subsection (1) or (2) may be brought at any time within a period of 12 months from the date on which the offence was committed.

(4) Where a licence has been taken out for a motor vehicle to be used solely for a certain purpose and the motor vehicle is, at any time during the period for which the licence is in force, used for some other purpose, the person so using the motor vehicle or causing or permitting it to be so used shall, if the rate of fee chargeable in respect of a licence for a motor vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, shall in addition be liable to imprisonment for a term not exceeding 3 months.

(5) If in any proceedings under this section any question arises —

(a)

as to the number of motor vehicles used;

(b)

as to the character, weight and horse-power of any motor vehicle;

(c)

as to the number of seats provided in a motor vehicle; or

(d)

as to the purposes for which any motor vehicle has been used,

it shall be sufficient for a witness for the prosecution to swear that, in consequence of inquiries which he has made or of reports which he has received, he has reasonable grounds for believing that —

(i)

the number of motor vehicles used;

(ii)

the character, weight and horse-power of any motor vehicle;

(iii)

the number of seats provided in a motor vehicle; or

(iv)

the purposes for which any motor vehicle has been used,

or any one or more of these facts was or were such as would be necessary to establish the offence charged.

(6) Thereupon the burden shall be on the defendant to prove that the number of motor vehicles used or the character, weight and horse-power of any motor vehicle, the number of seats provided in a motor vehicle or the purposes for which any motor vehicle has been used (as the case may require) was or were in fact such that the offence charged was not in law committed by him.